Corporate Criminal Liability: A Comparative Analysis Between India And The USA

Introduction

Corporate criminal liability (CCL) denotes the extent to which a corporate entity may be guilty of the criminal acts committed by the members constituting that entity. Even if the corporations have legal standing similar to that of individual human rights at the same level, it is also in theory possible to put them on trial for the illegal acts perpetrated by an agent of the corporation. The evolution of corporate criminal liability in the case of India and the case of the USA has followed different paths attributable to their respective systems of law and economic order. In this case, 'Lifting the Corporate Veil' practices are thus aimed at the top level management. Most Indian Courts are inclined to impute criminal liability based on the acts and state of mind of the company's directors and senior officers. New provisions like the Companies (Amendment) Act, 2020 and 2019 have been introduced for the purpose of reducing crime in corporations